Loading...
HomeMy WebLinkAbout24-Fire Department CITY OF SAN BJ;;RNARDINO - REQUEST FOR COUNCIL ACTION From: Michael J. Conrad, Fire Chief Subject: Ordinance of the City of San Bernardino amending Chapter 15 of the San Bernardino Municipal Code adding Section 15.10.030 to designate Very High Fire Hazard Severity Zones as recommended by the Director of the California Department of Forestry and Fire Protection within the City of San Bernardino as depicted on a map titled City of San Bernardino Very High Fire Hazard Severity Zones dated October 29, 2008, and retained on file at the office of the City Clerk, 300 N. D Street, San Bernardino, California. Dept: Fire Date: May 18, 2009 MC/C Meeting Date: June 15,2009 Synopsis of Previous Council Action: 04/21/09 Recommended for approval by the Legislative Review Committee. RECOMMENDATION: That said ordinance be laid over for final adopted. ~.~ Signature 'I Contact Person: Michael J. Conrad. Fire Chief Pbone: (909) 384-5286 Supporting data attached: Staff Report and Ordinance Ward: Citywide FUNDING REQUIREMENTS: Amount: $ Source: (Acct No.) (Description) Finance: Council Notes: J:{~~'>l!J ~,It.s;/~ qf-3S" OM. ;ttC!-/~09 Agenda Item No. ~ i 7-&:.-09' STAFF REPORT SUBJECT: Ordinance of the City of San Bernardino amending Chapter 15 of the San Bernardino Municipal Code adding Section 15.10.030 to designate Very High Fire Hazard Severity Zones as recommended by the Director of the California Department of Forestry and Fire Protection within the City of San Bernardino as depicted on a map titled City of San Bernardino Very High Fire Hazard Severity Zones dated October 29,2008, and retained on file at the office of the City Clerk, 300 N. D Street, San Bernardino, California. BACKGROUND: As required by Public Resources Code Sections 4201 - 4204 and Government Code Sections 51175 - 51189 California Department of Forestry and Fire Protection (CAL FIRE) conducted a review and update of fire hazard severity zone maps. The purpose of Government Code Sections 51175 - 51189 is to classify lands in accordance with whether a very high fire hazard severity is present so that public officials are able to identify measures that will mitigate the rate of spread, and reduce the potential intensity of uncontrolled fires that threaten to destroy resources, life, or property, and to require that those measures be taken. These maps were last updated in the mid- 1980s and early 1990s. The current update incorporated improved fire science, data and mapping techniques. CAL FIRE is required by law to map areas of significant fire hazards based on fuels, terrain, weather, crown fire potential, ember production and movement, and likelihood of fire. Government Code Sections 51178.5 and 51179 define the local agency's responsibilities to make the recommendation available for public review and to designate, by ordinance, Very High Fire Hazard Severity Zones (VHFHSZ) in its jurisdiction. Fire Hazard Severity Zone maps evaluate "hazard," not "risk'. They are like flood zone maps. "Hazard" is based on physical conditions that create a likelihood that an area will bum over a 30 - 50 year period without considering modifications such as fuel reduction efforts. "Risk" is the potential damage a fire can do to the area under existing conditions, including any modifications such as defensible space, irrigation and sprinklers, and ignition resistant construction. The VHFHSZ maps define where to implement ignition resistant building standards, maintain defensible space, and disclose natural hazards at the time of sale. With a few exceptions the Foothill Fire Zone map, currently adopted by the city, closely resembles the boundaries of the VHFHSZ map. The city adopted strict building standards in these areas in 1996 and then revised the Foothill Fire Zone Building Standards in January 2004 as a result of the Old Waterman Canyon Fire. Specific ignition resistant codes apply equally to all VHFHSZ in state responsibility areas and in local responsibility areas. At the present time these standards are applicable to the design and construction of new buildings only located in the VHFHSZ. 1 Staff has asked the state for information regarding the potential impacts of VHFHSZ maps on fire insurance rates. The state did not respond specifically to our request for clarification in writing; however, a CAL FIRE (2007) informational bulletin contains the following information related to the insurance rate issue: "Insurance rates are determined by a variety of factors, including Fire Risk. Fire Risk is different from Fire Hazard. Fire Hazard is the focus of the FHSZ maps. Ultimately, it is impossible to state that insurers will ignore the limitations of the focus of the FHSZ maps. However, to respond to such issues, the California Department of Insurance and CAL FIRE have established a partnership and joint commitment to protecting Californians from fire losses. A Memorandum of Understanding was signed by the Insurance Commissioner and the Director of CAL FIRE, October 2007 to mutually promote awareness and collaboration among fire officials, the insurance industry, and the public to prevent and mitigate fire losses." After the fire siege of 2003, we became aware that Allstate Insurance was not renewing homeowner's insurance policies in the state of California. Other insurers have not followed Allstate's example by leaving the state. Additionally, fire is not aware that homeowners in the city of San Bernardino experienced a rate increase, even though hundreds of homes were damaged or lost within the city limits in 2003. A representative of the CAL FIRE mapping project stated that he was not aware of a wholesale rate increase after the 2003 fires. There is no provision in the Government Code for a local agency to reduce the area recommended for designation as a VHFHSZ. Pursuant to the requirements of State Law it is recommended that the ordinance be adopted. FINANCIAL IMPACT: There is no financial impact to the City of San Bernardino. RECOMMENDATION: That said ordinance be laid over for final adopted. 2 Department of Forestry & Fire Protection Office of the State Fire Marshal WILDLAND-URBAN INTERFACE BUILDING STANDARDS INFORMATION BULLETIN October 1, 2007 LOCAL AGENCY ADOPTION OF VERY HIGH FIRE HAZARD SEVERITY ZONES The purpose of this Information Bulletin is to provide clarification regarding the adoption of the Very High Fire Hazard Severity Zones in those areas where local government has responsibility for wildland fire protection (Local Responsibility Area or LRA). Califomia Department of Forestry and Fire Protection (CAL FIRE), is conducting a review and update of fire hazard severity zones pursuant to Public Resources Code Sections 4201 - 4204 and Government Code Sections 51175 - 51189. CAL FIRE has completed the initial public hearings for the adoption of Fire Hazard Severity Zones (FHSZ) for those areas of California where the state has fiscal responsibility for wildland fire protection, known as State Responsibility Areas (SRA). CAL FIRE's intent is to complete the SRA FHSZ adoption by December, 2007. CAL FIRE is also preparing recommendations for Very High Fire Hazard Severity Zones (VHFHSZ) in those areas where local govemment has the responsibility for wildland fire protection (LRA) and to transmit those recommendations to local agencies in early 2008. Basic authorities and responsibilities for the LRA VHFHSZ are found in Government Code Sections 51175 - 51189. The purpose of this Government Code chapter is to "classify lands in accordance with whether a very high fire hazard severity is present so that public officials are able to identify measures that will retard the rate of spread, and reduce the potential intensity, of uncontrolled fires that threaten to destroy resources, life, or property, and to require that those measures be taken". The Govemment Code Section 51176 and 51181 defines the CAL FIRE Director's responsibility to identify very high fire hazard severity zones, transmit this information to local agencies, and to periodically review the recommendations. ;GoveRllBeRt.cooeSeclions5117\!k5'8nd511.79 defineJhe local agency's responsibilities to make the recommendation available for public review and to designate, by ordinance, very high fire haZard severity zones in its jurisdiction. Specific questions have been raised conceming the GC Section 51179 (a) language that "A local agency shall designate, by ordinance, very high fire hazard severity zones ...". Several local agencies have asked if the CAL FIRE Director's recommendation can be modified by the local agency. The Legislature did not include language giving the local agency the authority to decrease the Director's recommendation. However, GC Section 51179 (c) does give the local agency authority to "include areas within the jurisdiction of the local agency not identified as very high fire hazard severity zones by the Director..." and Section 51179 (d) restricted the authority of the Director to rebut the local agency decision. Local agencies can use this authority to adopt high and/or moderate fire hazard severity areas or other wildland urban interface areas within the local jurisdiction. CAL FIRE mapped fire haZards for all lands in Califomia to maintain a consistent science based model. The information on high and moderate fire hazard severity in LRA is available to local agenCies as part of the draft data. Local agencies may request that this additional information be included as part of the Director's final recommendation. CAL FI RE is taking additional steps to ensure that the very high fire hazard severity zones are as accurate as possible. Draft copies of the proposed VH FHSZ have been under field review and validation since January, 2007. Updated draft LRA maps are available at http://www.fire.ca.govlwildland.php. These updated draft LRA maps reflect the comments received and updates made during the SRA FHSZ 1 publiC hearings as some of the changes made to the SRA impact LRA zones. CAL FIRE unit level staffs are available to assist local agencies in the review of the draft recommendations. CAL FIRE is also developing CCR Title 14 regulations to clarify an update and maintenance process for the fire hazard maps, both in the SRA and in the LRA. CAL FIRE is including a model ordinance as a component of a proposed Title 14 regulation. It is anticipated that this regulation will include update "triggers" that can be initiated by local agencies or by CAL FIRE. Such triggers may be based on changes in land use of significant size to influence fire hazard, improvements in hazard mapping data or associated fire science, changes in land ownership (specifically conversions of federal land to private ownership), or other significant factors. The VHFHSZ maps define where to implement ignition resistant building standards, maintain defensible space, and disclose natural hazard at the time of sale. Health and Safety Code 13108.5 (c) and GC 51179 (b) provide insight on flexibility local agencies have to exclude the fire protection building standards and defensible space requirements once VHFHSZs are adopted. While these sections of law do not provide exemptions for adopting the maps, they may provide authority to exclude fire protection requirements otherwise triggered by the map designations. Questions and information regarding this Information Bulletin should be directed to the local Unit Chief. Please visit the CAL FIRE web site at www.fire.ca.aovforcontact information. 2 1 ORDINANCE NO. (C 0 ~gt:~' 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15 OF THE SAN BERNARDINO MUNICIPAL CODE ADDING SECTION 15.10.030 TO DESIGNATE 3 VERY HIGH FIRE HAZARD SEVERITY ZONES AS RECOMMENDED BY THE DIRECTOR OF THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE 4 PROTECTION WITHIN THE CITY OF SAN BERNARDINO AS DEPICTED ON A MAP TITLED CITY OF SAN BERNARDINO VERY HIGH FIRE HAZARD SEVERITY ZONES 5 DATED OCTOBER 29, 2008, AND RETAINED ON FILE AT THE OFFICE OF THE CITY CLERK, 300 N. D STREET, SAN BERNARDINO, CALIFORNIA. 6 7 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 8 9 Section 1. San Bernardino Municipal Code Chapter 15 is hereby amended to 10 include the following section: 11 12 "15.10.030 Very High Fire Hazard Severity Zones. 13 Very High Fire Hazard Severity Zones are hereby designated in the City of 14 San Bernardino as recommended by the Director of the California Department of Forestry 15 and Fire Protection within the City of San Bernardino as depicted on a map titled City of San 16 Bernardino Very High Fire Hazard Severity Zones dated October 29,2008, on file at the 17 office of the City Clerk, 300 N. D Street, San Bernardino, California." 18 IIII 19 IIII 20 IIII 21 IIII 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 IIII 28 IIII :#,5~- ?//sj;39 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15 OFTHE SAN BERNARDINO MUNICIPAL CODE ADDING SECTION 15.10.030 TO DESIGNATE 2 VERY HIGH FIRE HAZARD SEVERITY ZONES AS RECOMMENDED BY THE DIRECTOR OF THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE 3 PROTECTION WITHIN THE CITY OF SAN BERNARDINO AS DEPICTED ON A MAP TITLED CITY OF SAN BERNARDINO VERY HIGH FIRE HAZARD SEVERITY ZONES 4 DATED OCTOBER 29, 2008, AND RET AINED ON FILE AT THE OFFICE OF THE CITY CLERK, 300 N. D STREET, SAN BERNARDINO, CALIFORNIA. 5 6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 7 Conunon Council of the City of San Bernardino at a meeting thereof, held on the _ 8 day of 9 COUNCIL MEMBERS: 10 ESTRADA 11 BAXTER 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 MC CAMMACK ,2009, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT 17 18 Rachel Clark, City Clerk 19 20 The foregoing Ordinance is hereby approved this _ day of ,2009. 21 PATRICK J. MORRIS, Mayor 22 City of San Bernardino 23 Approved as to form: 24 JAMES F. PENMAN, City Attorney By: 25 26 27 28